1988 No. 35
SOCIAL SECURITY

The Social Fund (Recovery by Deductions from Benefits) Regulations 1988

Made
Laid before Parliament
Coming into force
The Secretary of State for Social Services, in exercise of the powers conferred on him by sections 33(6) and 84(1) of the Social Security Act 19861, and of all other powers enabling him in that behalf, by this instrument which is made before the end of a period of 12 months from the commencement of the enactments under which it is made, makes the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Social Fund (Recovery by Deductions from Benefits) Regulations 1988 and shall come into force on 11th April 1988.

Interpretation2.

In these Regulations “the principal Act” means the Social Security Act 19752.

Benefits from which an award may be recovered3.

The following benefits are prescribed for the purposes of section 33(6) of the Social Security Act 1986 as benefits from which an award from the social fund may be recovered by deduction—

(a)

income support;

(b)

family credit;

(c)

unemployment benefit under section 14(1)(a) of the principal Act;

(d)

sickness benefit under section 14(1)(b) of the principal Act;

(e)

invalidity pension under section 15(1) of the principal Act;

(f)

invalidity allowance under section 16(1) of the principal Act3;

(g)

maternity allowance under section 22(1) of the principal Act4;

(h)

widowed mother’s allowance under section 25(1) and (2) of the principal Act5;

(i)

widow’s pension under section 26(1) of the principal Act6;

(j)

retirement pension (Categories A and B) under sections 28(1) and 29(1) of the principal Act7;

(k)

severe disablement allowance under section 36 of the principal Act8;

(l)

invalid care allowance under section 37 of the principal Act9;

(m)

retirement pension (Categories C and D) under section 39(1) of the principal Act10;

(n)

age addition under section 40(1) and (2) of the principal Act;

(o)

increases to unemployment benefit, sickness benefit, invalidity pension and Category A, B and C retirement pension under section 41(1) of the principal Act11;

(p)

increases to unemployment benefit, sickness benefit and maternity allowance under section 44(1) and (2) of the principal Act12;

(q)

increases to Category A and Category C retirement pension and to invalidity pension under section 45(2) of the principal Act13;

(r)

increases to Category A retirement pension under section 45A(1) of the principal Act14;

(s)

increases to Category A and Category C retirement pension and invalidity pension under section 46(2) of the principal Act15;

(t)

increases to invalidity pension under section 47(1) of the principal Act16;

(u)

increases to severe disablement allowance and invalid care allowance payable under section 49(a) and (b) of the principal Act17;

(v)

disablement benefit under section 57(1) of the principal Act18;

(w)

reduced earnings allowance under section 59A(1) of the principal Act19;

(x)

industrial death benefit under sections 67 to 70 of the principal Act20;

(y)

additions to Category A and Category B retirement pension under sections 6 to 10 of, and Schedule 1 to, the Social Security Pensions Act 197521;

(z)

additional pension payable as widows benefit under sections 6 and 13 of the Social Security Pensions Act 1975;

(aa)

additional pension payable as invalidity pension under sections 6 and 14 of the Social Security Pensions Act 1975;

(bb)

invalidity pension under sections 15 and 16 of the Social Security Pensions Act 197522;

(cc)

graduated retirement benefit under sections 36 and 37 of the National Insurance Act 196523.

Signed by authority of the Secretary of State for Social Services.

Michael Portillo
Parliamentary Under-Secretary of State,
Department of Health and Social Security
(This note is not part of the Regulations)

These Regulations prescribe the benefits from which awards from the social fund may be recovered by deduction. They are made before the expiry of 12 months from the commencement of the provisions under which they are made and are accordingly exempt, by section 61(5) of the Social Security Act 1986, from reference to the Social Security Advisory Committee and have not been so referred.